Chapter XVIII Chapter XVIII

Council to provide or permit burning and burial grounds. (1) A Council may, with the previous sanction of the Collector, provide suitable places for burning or burying or otherwise disposing of dead bodies and may charge for the use of any such place or for the supply of any material such fees as the Council may from time to time determine. (2) No person shall, after the appointed day, open or provide any new place within the municipal area for the disposal of dead bodies, except with the permission of the Council: Provided that — (i) no such permission shall be granted by the Council without the sanction of the Collector; (ii) in granting such permission, it shall be lawful for the Council to impose, with the sanction of the Collector, such conditions as it may deem fit. (3) The Council may at any time by a general or special notice require any person owning or maintaining any place for the disposal of the dead on the appointed day, to take such measures to maintain such place in good order and in a safe sanitary condition as may be specified in the notice or may apply to the Collector under the next succeeding section to close the place. (4) The conditions to be imposed under sub-section (2) or the measures required to be taken under sub-section (3) shall not be inconsistent with any bye-laws framed by the Council for the maintenance of places for the disposal of the dead, due regard being had to the religious usages of the community or section of the community entitled to use of such place. (5) Any person who contravenes any provision of sub-section (2) shall, on conviction, be punished with fine which may extend to two thousand rupees.

Closing of places for disposal of dead. (1) Where the Council is of opinion that any place for the disposal of the dead is in such a state as to be, or to be likely to become, injurious to health, or that any such place should be closed for any other reason, the Council may submit its opinion with the reasons therefor to the Collector and the Collector thereupon, after such further inquiry, if any, as he shall deem fit to cause to be made, may by notification direct that such place shall cease to be so used from such date as may be specified in that behalf in the said notification. (2) A copy of the said notification together with a translation thereof shall be published in the local newspapers, if any, and shall be posted up at the municipal office and in one or more conspicuous spots on or near the place to which the same relates. (3) Any person who buries or otherwise disposes of any corpse in any such place, after the date specified in the said notification for closure of the same, shall, on conviction, be punished with fine which may extend to two thousand rupees.

Acts prohibited in connection with disposal of dead. (1) Except with the permission of the Chief Officer, no person shall— (a) burn, bury or otherwise dispose of any corpse except at a place provided or maintained for the purpose; (b) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance; (c) carry a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Council may, by public notice, from time to time, think fit to require; (d) except when no other route is available, carry a corpse along any street along which the carrying of corpses is prohibited by a public notice issued by the Council in this behalf; (e) remove a corpse which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle; (f) whilst conveying a corpse, place or leave the same on or near any street without urgent necessity; (g) reopen for the interment of a corpse a grave or vault already occupied; (h) after bringing or causing to be brought to a burning ground any corpse fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground; (i) when burning or causing to be burnt any corpse, permit the same or any portion thereof to remain without being completely reduced to ashes or permit any cloth or other article used for the conveyance or burning of such corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes; (j) exhume any body except under the provision of section 176 of the Code of Criminal Procedure, 1898 or of any other law for the time being in force, from any place for the disposal of the dead. Explanation:— For the purposes of this section, the expression “corpse” includes any part thereof. (2) Any person who contravenes any provision of sub-section (1), shall, on conviction, be punished with fine which may extend to Five thousand rupees.

No person in charge of any place for the disposal of the dead shall permit the disposal of any dead body at such place except on the production of a certificate signed by a registered medical practitioner specifying the date, time and cause of death or a no objection certificate signed by the Chief Officer or a Councillor residing in the locality.

(1) A Council may provide places for the disposal of carcasses of dead animals and may make bye-laws regulating the disposal of carcasses of dead animals. (2) The Council may also charge fees at such rates as it may from time to time determine for the disposal of a carcass at any place provided by the Council or through the agency of the Council.